Public Act 100-0428

SB1321 Enrolled LRB100 08174 RLC 18269 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Sex Offender Management Board Act is amended

by changing Section 10 as follows:

(20 ILCS 4026/10)

Sec. 10. Definitions. In this Act, unless the context

otherwise requires:

(a) "Board" means the Sex Offender Management Board created

in Section 15.

(b) "Sex offender" means any person who is convicted or

found delinquent in the State of Illinois, or under any

substantially similar federal law or law of another state, of

any sex offense or attempt of a sex offense as defined in

subsection (c) of this Section, or any former statute of this

State that defined a felony sex offense, or who has been

declared as a sexually dangerous person under the Sexually

Dangerous Persons Act or declared a sexually violent person

under the Sexually Violent Persons Commitment Act, or any

substantially similar federal law or law of another state.

(c) "Sex offense" means any felony or misdemeanor offense

described in this subsection (c) as follows:

(1) Indecent solicitation of a child, in violation of

Section 11-6 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(2) Indecent solicitation of an adult, in violation of

Section 11-6.5 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(3) Public indecency, in violation of Section 11-9 or

11-30 of the Criminal Code of 1961 or the Criminal Code of

2012;

(4) Sexual exploitation of a child, in violation of

Section 11-9.1 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(5) Sexual relations within families, in violation of

Section 11-11 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(6) Promoting juvenile prostitution or soliciting for

a juvenile prostitute, in violation of Section 11-14.4 or

11-15.1 of the Criminal Code of 1961 or the Criminal Code

of 2012;

(7) Promoting juvenile prostitution or keeping a place

of juvenile prostitution, in violation of Section 11-14.4

or 11-17.1 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(8) Patronizing a juvenile prostitute, in violation of

Section 11-18.1 of the Criminal Code of 1961 or the

Criminal Code of 2012;

(9) Promoting juvenile prostitution or juvenile

pimping, in violation of Section 11-14.4 or 11-19.1 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(10) promoting juvenile prostitution or exploitation

of a child, in violation of Section 11-14.4 or 11-19.2 of

the Criminal Code of 1961 or the Criminal Code of 2012;

(11) Child pornography, in violation of Section

11-20.1 of the Criminal Code of 1961 or the Criminal Code

of 2012;

(11.5) Aggravated child pornography, in violation of

Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;

(12) Harmful material, in violation of Section 11-21 of

the Criminal Code of 1961 or the Criminal Code of 2012;

(13) Criminal sexual assault, in violation of Section

11-1.20 or 12-13 of the Criminal Code of 1961 or the

Criminal Code of 2012;

(13.5) Grooming, in violation of Section 11-25 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(14) Aggravated criminal sexual assault, in violation

of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or

the Criminal Code of 2012;

(14.5) Traveling to meet a minor or traveling to meet a

child, in violation of Section 11-26 of the Criminal Code

of 1961 or the Criminal Code of 2012;

(15) Predatory criminal sexual assault of a child, in

violation of Section 11-1.40 or 12-14.1 of the Criminal

Code of 1961 or the Criminal Code of 2012;

(16) Criminal sexual abuse, in violation of Section

11-1.50 or 12-15 of the Criminal Code of 1961 or the

Criminal Code of 2012;

(17) Aggravated criminal sexual abuse, in violation of

Section 11-1.60 or 12-16 of the Criminal Code of 1961 or

the Criminal Code of 2012;

(18) Ritualized abuse of a child, in violation of

Section 12-33 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(19) An attempt to commit any of the offenses

enumerated in this subsection (c); or

(20) Any felony offense under Illinois law that is

sexually motivated.

(d) "Management" means treatment, and supervision of any

sex offender that conforms to the standards created by the

Board under Section 15.

(e) "Sexually motivated" means one or more of the facts of

the underlying offense indicates conduct that is of a sexual

nature or that shows an intent to engage in behavior of a

sexual nature.

(f) "Sex offender evaluator" means a person licensed under

the Sex Offender Evaluation and Treatment Provider Act to

conduct sex offender evaluations.

(g) "Sex offender treatment provider" means a person

licensed under the Sex Offender Evaluation and Treatment

Provider Act to provide sex offender treatment services.

(h) "Associate sex offender provider" means a person

licensed under the Sex Offender Evaluation and Treatment

Provider Act to provide sex offender evaluations and to provide

sex offender treatment under the supervision of a licensed sex

offender evaluator or a licensed sex offender treatment

provider.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13;

97-1150, eff. 1-25-13.)

Section 10. The Criminal Code of 2012 is amended by

changing Sections 11-9.3, 11-25, and 11-26 as follows:

(720 ILCS 5/11-9.3)

Sec. 11-9.3. Presence within school zone by child sex

offenders prohibited; approaching, contacting, residing with,

or communicating with a child within certain places by child

sex offenders prohibited.

(a) It is unlawful for a child sex offender to knowingly be

present in any school building, on real property comprising any

school, or in any conveyance owned, leased, or contracted by a

school to transport students to or from school or a school

related activity when persons under the age of 18 are present

in the building, on the grounds or in the conveyance, unless

the offender is a parent or guardian of a student attending the

school and the parent or guardian is: (i) attending a

conference at the school with school personnel to discuss the

progress of his or her child academically or socially, (ii)

participating in child review conferences in which evaluation

and placement decisions may be made with respect to his or her

child regarding special education services, or (iii) attending

conferences to discuss other student issues concerning his or

her child such as retention and promotion and notifies the

principal of the school of his or her presence at the school or

unless the offender has permission to be present from the

superintendent or the school board or in the case of a private

school from the principal. In the case of a public school, if

permission is granted, the superintendent or school board

president must inform the principal of the school where the sex

offender will be present. Notification includes the nature of

the sex offender's visit and the hours in which the sex

offender will be present in the school. The sex offender is

responsible for notifying the principal's office when he or she

arrives on school property and when he or she departs from

school property. If the sex offender is to be present in the

vicinity of children, the sex offender has the duty to remain

under the direct supervision of a school official.

(a-5) It is unlawful for a child sex offender to knowingly

be present within 100 feet of a site posted as a pick-up or

discharge stop for a conveyance owned, leased, or contracted by

a school to transport students to or from school or a school

related activity when one or more persons under the age of 18

are present at the site.

(a-10) It is unlawful for a child sex offender to knowingly

be present in any public park building, a playground or

recreation area within any publicly accessible privately owned

building, or on real property comprising any public park when

persons under the age of 18 are present in the building or on

the grounds and to approach, contact, or communicate with a

child under 18 years of age, unless the offender is a parent or

guardian of a person under 18 years of age present in the

building or on the grounds.

(b) It is unlawful for a child sex offender to knowingly

loiter within 500 feet of a school building or real property

comprising any school while persons under the age of 18 are

present in the building or on the grounds, unless the offender

is a parent or guardian of a student attending the school and

the parent or guardian is: (i) attending a conference at the

school with school personnel to discuss the progress of his or

her child academically or socially, (ii) participating in child

review conferences in which evaluation and placement decisions

may be made with respect to his or her child regarding special

education services, or (iii) attending conferences to discuss

other student issues concerning his or her child such as

retention and promotion and notifies the principal of the

school of his or her presence at the school or has permission

to be present from the superintendent or the school board or in

the case of a private school from the principal. In the case of

a public school, if permission is granted, the superintendent

or school board president must inform the principal of the

school where the sex offender will be present. Notification

includes the nature of the sex offender's visit and the hours

in which the sex offender will be present in the school. The

sex offender is responsible for notifying the principal's

office when he or she arrives on school property and when he or

she departs from school property. If the sex offender is to be

present in the vicinity of children, the sex offender has the

duty to remain under the direct supervision of a school

official.

(b-2) It is unlawful for a child sex offender to knowingly

loiter on a public way within 500 feet of a public park

building or real property comprising any public park while

persons under the age of 18 are present in the building or on

the grounds and to approach, contact, or communicate with a

child under 18 years of age, unless the offender is a parent or

guardian of a person under 18 years of age present in the

building or on the grounds.

(b-5) It is unlawful for a child sex offender to knowingly

reside within 500 feet of a school building or the real

property comprising any school that persons under the age of 18

attend. Nothing in this subsection (b-5) prohibits a child sex

offender from residing within 500 feet of a school building or

the real property comprising any school that persons under 18

attend if the property is owned by the child sex offender and

was purchased before July 7, 2000 (the effective date of Public

Act 91-911).

(b-10) It is unlawful for a child sex offender to knowingly

reside within 500 feet of a playground, child care institution,

day care center, part day child care facility, day care home,

group day care home, or a facility providing programs or

services exclusively directed toward persons under 18 years of

age. Nothing in this subsection (b-10) prohibits a child sex

offender from residing within 500 feet of a playground or a

facility providing programs or services exclusively directed

toward persons under 18 years of age if the property is owned

by the child sex offender and was purchased before July 7,

2000. Nothing in this subsection (b-10) prohibits a child sex

offender from residing within 500 feet of a child care

institution, day care center, or part day child care facility

if the property is owned by the child sex offender and was

purchased before June 26, 2006. Nothing in this subsection

(b-10) prohibits a child sex offender from residing within 500

feet of a day care home or group day care home if the property

is owned by the child sex offender and was purchased before

August 14, 2008 (the effective date of Public Act 95-821).

(b-15) It is unlawful for a child sex offender to knowingly

reside within 500 feet of the victim of the sex offense.

Nothing in this subsection (b-15) prohibits a child sex

offender from residing within 500 feet of the victim if the

property in which the child sex offender resides is owned by

the child sex offender and was purchased before August 22,

2002.

This subsection (b-15) does not apply if the victim of the

sex offense is 21 years of age or older.

(b-20) It is unlawful for a child sex offender to knowingly

communicate, other than for a lawful purpose under Illinois

law, using the Internet or any other digital media, with a

person under 18 years of age or with a person whom he or she

believes to be a person under 18 years of age, unless the

offender is a parent or guardian of the person under 18 years

of age.

(c) It is unlawful for a child sex offender to knowingly

operate, manage, be employed by, volunteer at, be associated

with, or knowingly be present at any: (i) facility providing

programs or services exclusively directed toward persons under

the age of 18; (ii) day care center; (iii) part day child care

facility; (iv) child care institution; (v) school providing

before and after school programs for children under 18 years of

age; (vi) day care home; or (vii) group day care home. This

does not prohibit a child sex offender from owning the real

property upon which the programs or services are offered or

upon which the day care center, part day child care facility,

child care institution, or school providing before and after

school programs for children under 18 years of age is located,

provided the child sex offender refrains from being present on

the premises for the hours during which: (1) the programs or

services are being offered or (2) the day care center, part day

child care facility, child care institution, or school

providing before and after school programs for children under

18 years of age, day care home, or group day care home is

operated.

(c-2) It is unlawful for a child sex offender to

participate in a holiday event involving children under 18

years of age, including but not limited to distributing candy

or other items to children on Halloween, wearing a Santa Claus

costume on or preceding Christmas, being employed as a

department store Santa Claus, or wearing an Easter Bunny

costume on or preceding Easter. For the purposes of this

subsection, child sex offender has the meaning as defined in

this Section, but does not include as a sex offense under

paragraph (2) of subsection (d) of this Section, the offense

under subsection (c) of Section 11-1.50 of this Code. This

subsection does not apply to a child sex offender who is a

parent or guardian of children under 18 years of age that are

present in the home and other non-familial minors are not

present.

(c-5) It is unlawful for a child sex offender to knowingly

operate, manage, be employed by, or be associated with any

county fair when persons under the age of 18 are present.

(c-6) It is unlawful for a child sex offender who owns and

resides at residential real estate to knowingly rent any

residential unit within the same building in which he or she

resides to a person who is the parent or guardian of a child or

children under 18 years of age. This subsection shall apply

only to leases or other rental arrangements entered into after

January 1, 2009 (the effective date of Public Act 95-820).

(c-7) It is unlawful for a child sex offender to knowingly

offer or provide any programs or services to persons under 18

years of age in his or her residence or the residence of

another or in any facility for the purpose of offering or

providing such programs or services, whether such programs or

services are offered or provided by contract, agreement,

arrangement, or on a volunteer basis.

(c-8) It is unlawful for a child sex offender to knowingly

operate, whether authorized to do so or not, any of the

following vehicles: (1) a vehicle which is specifically

designed, constructed or modified and equipped to be used for

the retail sale of food or beverages, including but not limited

to an ice cream truck; (2) an authorized emergency vehicle; or

(3) a rescue vehicle.

(d) Definitions. In this Section:

(1) "Child sex offender" means any person who:

(i) has been charged under Illinois law, or any

substantially similar federal law or law of another

state, with a sex offense set forth in paragraph (2) of

this subsection (d) or the attempt to commit an

included sex offense, and the victim is a person under

18 years of age at the time of the offense; and:

(A) is convicted of such offense or an attempt

to commit such offense; or

(B) is found not guilty by reason of insanity

of such offense or an attempt to commit such

offense; or

(C) is found not guilty by reason of insanity

pursuant to subsection (c) of Section 104-25 of the

Code of Criminal Procedure of 1963 of such offense

or an attempt to commit such offense; or

(D) is the subject of a finding not resulting

in an acquittal at a hearing conducted pursuant to

subsection (a) of Section 104-25 of the Code of

Criminal Procedure of 1963 for the alleged

commission or attempted commission of such

offense; or

(E) is found not guilty by reason of insanity

following a hearing conducted pursuant to a

federal law or the law of another state

substantially similar to subsection (c) of Section

104-25 of the Code of Criminal Procedure of 1963 of

such offense or of the attempted commission of such

offense; or

(F) is the subject of a finding not resulting

in an acquittal at a hearing conducted pursuant to

a federal law or the law of another state

substantially similar to subsection (a) of Section

104-25 of the Code of Criminal Procedure of 1963

for the alleged violation or attempted commission

of such offense; or

(ii) is certified as a sexually dangerous person

pursuant to the Illinois Sexually Dangerous Persons

Act, or any substantially similar federal law or the

law of another state, when any conduct giving rise to

such certification is committed or attempted against a

person less than 18 years of age; or

(iii) is subject to the provisions of Section 2 of

the Interstate Agreements on Sexually Dangerous

Persons Act.

Convictions that result from or are connected with the

same act, or result from offenses committed at the same

time, shall be counted for the purpose of this Section as

one conviction. Any conviction set aside pursuant to law is

not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5),

"sex offense" means:

(i) A violation of any of the following Sections of

the Criminal Code of 1961 or the Criminal Code of 2012:

10-4 (forcible detention), 10-7 (aiding or abetting

child abduction under Section 10-5(b)(10)),

10-5(b)(10) (child luring), 11-1.40 (predatory

criminal sexual assault of a child), 11-6 (indecent

solicitation of a child), 11-6.5 (indecent

solicitation of an adult), 11-9.1 (sexual exploitation

of a child), 11-9.2 (custodial sexual misconduct),

11-9.5 (sexual misconduct with a person with a

disability), 11-11 (sexual relations within families),

11-14.3(a)(1) (promoting prostitution by advancing

prostitution), 11-14.3(a)(2)(A) (promoting

prostitution by profiting from prostitution by

compelling a person to be a prostitute),

11-14.3(a)(2)(C) (promoting prostitution by profiting

from prostitution by means other than as described in

subparagraphs (A) and (B) of paragraph (2) of

subsection (a) of Section 11-14.3), 11-14.4 (promoting

juvenile prostitution), 11-18.1 (patronizing a

juvenile prostitute), 11-20.1 (child pornography),

11-20.1B (aggravated child pornography), 11-21

(harmful material), 11-25 (grooming), 11-26 (traveling

to meet a minor or traveling to meet a child), 12-33

(ritualized abuse of a child), 11-20 (obscenity) (when

that offense was committed in any school, on real

property comprising any school, in any conveyance

owned, leased, or contracted by a school to transport

students to or from school or a school related

activity, or in a public park), 11-30 (public

indecency) (when committed in a school, on real

property comprising a school, in any conveyance owned,

leased, or contracted by a school to transport students

to or from school or a school related activity, or in a

public park). An attempt to commit any of these

offenses.

(ii) A violation of any of the following Sections

of the Criminal Code of 1961 or the Criminal Code of

2012, when the victim is a person under 18 years of

age: 11-1.20 (criminal sexual assault), 11-1.30

(aggravated criminal sexual assault), 11-1.50

(criminal sexual abuse), 11-1.60 (aggravated criminal

sexual abuse). An attempt to commit any of these

offenses.

(iii) A violation of any of the following Sections

of the Criminal Code of 1961 or the Criminal Code of

2012, when the victim is a person under 18 years of age

and the defendant is not a parent of the victim:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint),

11-9.1(A) (permitting sexual abuse of a child).

An attempt to commit any of these offenses.

(iv) A violation of any former law of this State

substantially equivalent to any offense listed in

clause (2)(i) or (2)(ii) of subsection (d) of this

Section.

(2.5) For the purposes of subsections (b-5) and (b-10)

only, a sex offense means:

(i) A violation of any of the following Sections of

the Criminal Code of 1961 or the Criminal Code of 2012:

10-5(b)(10) (child luring), 10-7 (aiding or

abetting child abduction under Section 10-5(b)(10)),

11-1.40 (predatory criminal sexual assault of a

child), 11-6 (indecent solicitation of a child),

11-6.5 (indecent solicitation of an adult), 11-9.2

(custodial sexual misconduct), 11-9.5 (sexual

misconduct with a person with a disability), 11-11

(sexual relations within families), 11-14.3(a)(1)

(promoting prostitution by advancing prostitution),

11-14.3(a)(2)(A) (promoting prostitution by profiting

from prostitution by compelling a person to be a

prostitute), 11-14.3(a)(2)(C) (promoting prostitution

by profiting from prostitution by means other than as

described in subparagraphs (A) and (B) of paragraph (2)

of subsection (a) of Section 11-14.3), 11-14.4

(promoting juvenile prostitution), 11-18.1

(patronizing a juvenile prostitute), 11-20.1 (child

pornography), 11-20.1B (aggravated child pornography),

11-25 (grooming), 11-26 (traveling to meet a minor or

traveling to meet a child), or 12-33 (ritualized abuse

of a child). An attempt to commit any of these

offenses.

(ii) A violation of any of the following Sections

of the Criminal Code of 1961 or the Criminal Code of

2012, when the victim is a person under 18 years of

age: 11-1.20 (criminal sexual assault), 11-1.30

(aggravated criminal sexual assault), 11-1.60

(aggravated criminal sexual abuse), and subsection (a)

of Section 11-1.50 (criminal sexual abuse). An attempt

to commit any of these offenses.

(iii) A violation of any of the following Sections

of the Criminal Code of 1961 or the Criminal Code of

2012, when the victim is a person under 18 years of age

and the defendant is not a parent of the victim:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint),

11-9.1(A) (permitting sexual abuse of a child).

An attempt to commit any of these offenses.

(iv) A violation of any former law of this State

substantially equivalent to any offense listed in this

paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or the

law of another state that is substantially equivalent to

any offense listed in paragraph (2) of subsection (d) of

this Section shall constitute a conviction for the purpose

of this Section. A finding or adjudication as a sexually

dangerous person under any federal law or law of another

state that is substantially equivalent to the Sexually

Dangerous Persons Act shall constitute an adjudication for

the purposes of this Section.

(4) "Authorized emergency vehicle", "rescue vehicle",

and "vehicle" have the meanings ascribed to them in

Sections 1-105, 1-171.8 and 1-217, respectively, of the

Illinois Vehicle Code.

(5) "Child care institution" has the meaning ascribed

to it in Section 2.06 of the Child Care Act of 1969.

(6) "Day care center" has the meaning ascribed to it in

Section 2.09 of the Child Care Act of 1969.

(7) "Day care home" has the meaning ascribed to it in

Section 2.18 of the Child Care Act of 1969.

(8) "Facility providing programs or services directed

towards persons under the age of 18" means any facility

providing programs or services exclusively directed

towards persons under the age of 18.

(9) "Group day care home" has the meaning ascribed to

it in Section 2.20 of the Child Care Act of 1969.

(10) "Internet" has the meaning set forth in Section

16-0.1 of this Code.

(11) "Loiter" means:

(i) Standing, sitting idly, whether or not the

person is in a vehicle, or remaining in or around

school or public park property.

(ii) Standing, sitting idly, whether or not the

person is in a vehicle, or remaining in or around

school or public park property, for the purpose of

committing or attempting to commit a sex offense.

(iii) Entering or remaining in a building in or

around school property, other than the offender's

residence.

(12) "Part day child care facility" has the meaning

ascribed to it in Section 2.10 of the Child Care Act of

1969.

(13) "Playground" means a piece of land owned or

controlled by a unit of local government that is designated

by the unit of local government for use solely or primarily

for children's recreation.

(14) "Public park" includes a park, forest preserve,

bikeway, trail, or conservation area under the

jurisdiction of the State or a unit of local government.

(15) "School" means a public or private preschool or

elementary or secondary school.

(16) "School official" means the principal, a teacher,

or any other certified employee of the school, the

superintendent of schools or a member of the school board.

(e) For the purposes of this Section, the 500 feet distance

shall be measured from: (1) the edge of the property of the

school building or the real property comprising the school that

is closest to the edge of the property of the child sex

offender's residence or where he or she is loitering, and (2)

the edge of the property comprising the public park building or

the real property comprising the public park, playground, child

care institution, day care center, part day child care

facility, or facility providing programs or services

exclusively directed toward persons under 18 years of age, or a

victim of the sex offense who is under 21 years of age, to the

edge of the child sex offender's place of residence or place

where he or she is loitering.

(f) Sentence. A person who violates this Section is guilty

of a Class 4 felony.

(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;

97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)

(720 ILCS 5/11-25)

Sec. 11-25. Grooming.

(a) A person commits grooming when he or she knowingly uses

a computer on-line service, Internet service, local bulletin

board service, or any other device capable of electronic data

storage or transmission to seduce, solicit, lure, or entice, or

attempt to seduce, solicit, lure, or entice, a child, a child's

guardian, or another person believed by the person to be a

child or a child's guardian, to commit any sex offense as

defined in Section 2 of the Sex Offender Registration Act, to

distribute photographs depicting the sex organs of the child,

or to otherwise engage in any unlawful sexual conduct with a

child or with another person believed by the person to be a

child. As used in this Section, "child" means a person under 17

years of age.

(b) Sentence. Grooming is a Class 4 felony.

(Source: P.A. 98-919, eff. 1-1-15.)

(720 ILCS 5/11-26)

Sec. 11-26. Traveling to meet a child minor.

(a) A person commits the offense of traveling to meet a

child minor when he or she travels any distance either within

this State, to this State, or from this State by any means,

attempts to do so, or causes another to do so or attempt to do

so for the purpose of engaging in any sex offense as defined in

Section 2 of the Sex Offender Registration Act, or to otherwise

engage in other unlawful sexual conduct with a child or with

another person believed by the person to be a child after using

a computer on-line service, Internet service, local bulletin

board service, or any other device capable of electronic data

storage or transmission to seduce, solicit, lure, or entice, or

to attempt to seduce, solicit, lure, or entice, a child or a

child's guardian, or another person believed by the person to

be a child or a child's guardian, for such purpose. As used in

this Section, "child" means a person under 17 years of age.

(b) Sentence. Traveling to meet a child minor is a Class 3

felony.

(Source: P.A. 95-901, eff. 1-1-09.)

Section 15. The Sex Offender Registration Act is amended by

changing Section 2 as follows:

(730 ILCS 150/2) (from Ch. 38, par. 222)

Sec. 2. Definitions.

(A) As used in this Article, "sex offender" means any

person who is:

(1) charged pursuant to Illinois law, or any

substantially similar federal, Uniform Code of Military

Justice, sister state, or foreign country law, with a sex

offense set forth in subsection (B) of this Section or the

attempt to commit an included sex offense, and:

(a) is convicted of such offense or an attempt to

commit such offense; or

(b) is found not guilty by reason of insanity of

such offense or an attempt to commit such offense; or

(c) is found not guilty by reason of insanity

pursuant to Section 104-25(c) of the Code of Criminal

Procedure of 1963 of such offense or an attempt to

commit such offense; or

(d) is the subject of a finding not resulting in an

acquittal at a hearing conducted pursuant to Section

104-25(a) of the Code of Criminal Procedure of 1963 for

the alleged commission or attempted commission of such

offense; or

(e) is found not guilty by reason of insanity

following a hearing conducted pursuant to a federal,

Uniform Code of Military Justice, sister state, or

foreign country law substantially similar to Section

104-25(c) of the Code of Criminal Procedure of 1963 of

such offense or of the attempted commission of such

offense; or

(f) is the subject of a finding not resulting in an

acquittal at a hearing conducted pursuant to a federal,

Uniform Code of Military Justice, sister state, or

foreign country law substantially similar to Section

104-25(a) of the Code of Criminal Procedure of 1963 for

the alleged violation or attempted commission of such

offense; or

(2) declared as a sexually dangerous person pursuant to

the Illinois Sexually Dangerous Persons Act, or any

substantially similar federal, Uniform Code of Military

Justice, sister state, or foreign country law; or

(3) subject to the provisions of Section 2 of the

Interstate Agreements on Sexually Dangerous Persons Act;

or

(4) found to be a sexually violent person pursuant to

the Sexually Violent Persons Commitment Act or any

substantially similar federal, Uniform Code of Military

Justice, sister state, or foreign country law; or

(5) adjudicated a juvenile delinquent as the result of

committing or attempting to commit an act which, if

committed by an adult, would constitute any of the offenses

specified in item (B), (C), or (C-5) of this Section or a

violation of any substantially similar federal, Uniform

Code of Military Justice, sister state, or foreign country

law, or found guilty under Article V of the Juvenile Court

Act of 1987 of committing or attempting to commit an act

which, if committed by an adult, would constitute any of

the offenses specified in item (B), (C), or (C-5) of this

Section or a violation of any substantially similar

federal, Uniform Code of Military Justice, sister state, or

foreign country law.

Convictions that result from or are connected with the same

act, or result from offenses committed at the same time, shall

be counted for the purpose of this Article as one conviction.

Any conviction set aside pursuant to law is not a conviction

for purposes of this Article.

For purposes of this Section, "convicted" shall have the

same meaning as "adjudicated".

(B) As used in this Article, "sex offense" means:

(1) A violation of any of the following Sections of the

Criminal Code of 1961 or the Criminal Code of 2012:

11-20.1 (child pornography),

11-20.1B or 11-20.3 (aggravated child

pornography),

11-6 (indecent solicitation of a child),

11-9.1 (sexual exploitation of a child),

11-9.2 (custodial sexual misconduct),

11-9.5 (sexual misconduct with a person with a

disability),

11-14.4 (promoting juvenile prostitution),

11-15.1 (soliciting for a juvenile prostitute),

11-18.1 (patronizing a juvenile prostitute),

11-17.1 (keeping a place of juvenile

prostitution),

11-19.1 (juvenile pimping),

11-19.2 (exploitation of a child),

11-25 (grooming),

11-26 (traveling to meet a minor or traveling to

meet a child),

11-1.20 or 12-13 (criminal sexual assault),

11-1.30 or 12-14 (aggravated criminal sexual

assault),

11-1.40 or 12-14.1 (predatory criminal sexual

assault of a child),

11-1.50 or 12-15 (criminal sexual abuse),

11-1.60 or 12-16 (aggravated criminal sexual

abuse),

12-33 (ritualized abuse of a child).

An attempt to commit any of these offenses.

(1.5) A violation of any of the following Sections of

the Criminal Code of 1961 or the Criminal Code of 2012,

when the victim is a person under 18 years of age, the

defendant is not a parent of the victim, the offense was

sexually motivated as defined in Section 10 of the Sex

Offender Evaluation and Treatment Act, and the offense was

committed on or after January 1, 1996:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint).

If the offense was committed before January 1, 1996, it

is a sex offense requiring registration only when the

person is convicted of any felony after July 1, 2011, and

paragraph (2.1) of subsection (c) of Section 3 of this Act

applies.

(1.6) First degree murder under Section 9-1 of the

Criminal Code of 1961 or the Criminal Code of 2012,

provided the offense was sexually motivated as defined in

Section 10 of the Sex Offender Management Board Act.

(1.7) (Blank).

(1.8) A violation or attempted violation of Section

11-11 (sexual relations within families) of the Criminal

Code of 1961 or the Criminal Code of 2012, and the offense

was committed on or after June 1, 1997. If the offense was

committed before June 1, 1997, it is a sex offense

requiring registration only when the person is convicted of

any felony after July 1, 2011, and paragraph (2.1) of

subsection (c) of Section 3 of this Act applies.

(1.9) Child abduction under paragraph (10) of

subsection (b) of Section 10-5 of the Criminal Code of 1961

or the Criminal Code of 2012 committed by luring or

attempting to lure a child under the age of 16 into a motor

vehicle, building, house trailer, or dwelling place

without the consent of the parent or lawful custodian of

the child for other than a lawful purpose and the offense

was committed on or after January 1, 1998, provided the

offense was sexually motivated as defined in Section 10 of

the Sex Offender Management Board Act. If the offense was

committed before January 1, 1998, it is a sex offense

requiring registration only when the person is convicted of

any felony after July 1, 2011, and paragraph (2.1) of

subsection (c) of Section 3 of this Act applies.

(1.10) A violation or attempted violation of any of the

following Sections of the Criminal Code of 1961 or the

Criminal Code of 2012 when the offense was committed on or

after July 1, 1999:

10-4 (forcible detention, if the victim is under 18

years of age), provided the offense was sexually

motivated as defined in Section 10 of the Sex Offender

Management Board Act,

11-6.5 (indecent solicitation of an adult),

11-14.3 that involves soliciting for a prostitute,

or 11-15 (soliciting for a prostitute, if the victim is

under 18 years of age),

subdivision (a)(2)(A) or (a)(2)(B) of Section

11-14.3, or Section 11-16 (pandering, if the victim is

under 18 years of age),

11-18 (patronizing a prostitute, if the victim is

under 18 years of age),

subdivision (a)(2)(C) of Section 11-14.3, or

Section 11-19 (pimping, if the victim is under 18 years

of age).

If the offense was committed before July 1, 1999, it is

a sex offense requiring registration only when the person

is convicted of any felony after July 1, 2011, and

paragraph (2.1) of subsection (c) of Section 3 of this Act

applies.

(1.11) A violation or attempted violation of any of the

following Sections of the Criminal Code of 1961 or the

Criminal Code of 2012 when the offense was committed on or

after August 22, 2002:

11-9 or 11-30 (public indecency for a third or

subsequent conviction).

If the third or subsequent conviction was imposed

before August 22, 2002, it is a sex offense requiring

registration only when the person is convicted of any

felony after July 1, 2011, and paragraph (2.1) of

subsection (c) of Section 3 of this Act applies.

(1.12) A violation or attempted violation of Section

5.1 of the Wrongs to Children Act or Section 11-9.1A of the

Criminal Code of 1961 or the Criminal Code of 2012

(permitting sexual abuse) when the offense was committed on

or after August 22, 2002. If the offense was committed

before August 22, 2002, it is a sex offense requiring

registration only when the person is convicted of any

felony after July 1, 2011, and paragraph (2.1) of

subsection (c) of Section 3 of this Act applies.

(2) A violation of any former law of this State

substantially equivalent to any offense listed in

subsection (B) of this Section.

(C) A conviction for an offense of federal law, Uniform

Code of Military Justice, or the law of another state or a

foreign country that is substantially equivalent to any offense

listed in subsections (B), (C), (E), and (E-5) of this Section

shall constitute a conviction for the purpose of this Article.

A finding or adjudication as a sexually dangerous person or a

sexually violent person under any federal law, Uniform Code of

Military Justice, or the law of another state or foreign

country that is substantially equivalent to the Sexually

Dangerous Persons Act or the Sexually Violent Persons

Commitment Act shall constitute an adjudication for the

purposes of this Article.

(C-5) A person at least 17 years of age at the time of the

commission of the offense who is convicted of first degree

murder under Section 9-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, against a person under 18 years of age,

shall be required to register for natural life. A conviction

for an offense of federal, Uniform Code of Military Justice,

sister state, or foreign country law that is substantially

equivalent to any offense listed in subsection (C-5) of this

Section shall constitute a conviction for the purpose of this

Article. This subsection (C-5) applies to a person who

committed the offense before June 1, 1996 if: (i) the person is

incarcerated in an Illinois Department of Corrections facility

on August 20, 2004 (the effective date of Public Act 93-977),

or (ii) subparagraph (i) does not apply and the person is

convicted of any felony after July 1, 2011, and paragraph (2.1)

of subsection (c) of Section 3 of this Act applies.

(C-6) A person who is convicted or adjudicated delinquent

of first degree murder as defined in Section 9-1 of the

Criminal Code of 1961 or the Criminal Code of 2012, against a

person 18 years of age or over, shall be required to register

for his or her natural life. A conviction for an offense of

federal, Uniform Code of Military Justice, sister state, or

foreign country law that is substantially equivalent to any

offense listed in subsection (C-6) of this Section shall

constitute a conviction for the purpose of this Article. This

subsection (C-6) does not apply to those individuals released

from incarceration more than 10 years prior to January 1, 2012

(the effective date of Public Act 97-154).

(D) As used in this Article, "law enforcement agency having

jurisdiction" means the Chief of Police in each of the

municipalities in which the sex offender expects to reside,

work, or attend school (1) upon his or her discharge, parole or

release or (2) during the service of his or her sentence of

probation or conditional discharge, or the Sheriff of the

county, in the event no Police Chief exists or if the offender

intends to reside, work, or attend school in an unincorporated

area. "Law enforcement agency having jurisdiction" includes

the location where out-of-state students attend school and

where out-of-state employees are employed or are otherwise

required to register.

(D-1) As used in this Article, "supervising officer" means

the assigned Illinois Department of Corrections parole agent or

county probation officer.

(E) As used in this Article, "sexual predator" means any

person who, after July 1, 1999, is:

(1) Convicted for an offense of federal, Uniform Code

of Military Justice, sister state, or foreign country law

that is substantially equivalent to any offense listed in

subsection (E) or (E-5) of this Section shall constitute a

conviction for the purpose of this Article. Convicted of a

violation or attempted violation of any of the following

Sections of the Criminal Code of 1961 or the Criminal Code

of 2012:

10-5.1 (luring of a minor),

11-14.4 that involves keeping a place of juvenile

prostitution, or 11-17.1 (keeping a place of juvenile

prostitution),

subdivision (a)(2) or (a)(3) of Section 11-14.4,

or Section 11-19.1 (juvenile pimping),

subdivision (a)(4) of Section 11-14.4, or Section

11-19.2 (exploitation of a child),

11-20.1 (child pornography),

11-20.1B or 11-20.3 (aggravated child

pornography),

11-1.20 or 12-13 (criminal sexual assault),

11-1.30 or 12-14 (aggravated criminal sexual

assault),

11-1.40 or 12-14.1 (predatory criminal sexual

assault of a child),

11-1.60 or 12-16 (aggravated criminal sexual

abuse),

12-33 (ritualized abuse of a child);

(2) (blank);

(3) declared as a sexually dangerous person pursuant to

the Sexually Dangerous Persons Act or any substantially

similar federal, Uniform Code of Military Justice, sister

state, or foreign country law;

(4) found to be a sexually violent person pursuant to

the Sexually Violent Persons Commitment Act or any

substantially similar federal, Uniform Code of Military

Justice, sister state, or foreign country law;

(5) convicted of a second or subsequent offense which

requires registration pursuant to this Act. For purposes of

this paragraph (5), "convicted" shall include a conviction

under any substantially similar Illinois, federal, Uniform

Code of Military Justice, sister state, or foreign country

law;

(6) (blank); or

(7) if the person was convicted of an offense set forth

in this subsection (E) on or before July 1, 1999, the

person is a sexual predator for whom registration is

required only when the person is convicted of a felony

offense after July 1, 2011, and paragraph (2.1) of

subsection (c) of Section 3 of this Act applies.

(E-5) As used in this Article, "sexual predator" also means

a person convicted of a violation or attempted violation of any

of the following Sections of the Criminal Code of 1961 or the

Criminal Code of 2012:

(1) Section 9-1 (first degree murder, when the victim

was a person under 18 years of age and the defendant was at

least 17 years of age at the time of the commission of the

offense, provided the offense was sexually motivated as

defined in Section 10 of the Sex Offender Management Board

Act);

(2) Section 11-9.5 (sexual misconduct with a person

with a disability);

(3) when the victim is a person under 18 years of age,

the defendant is not a parent of the victim, the offense

was sexually motivated as defined in Section 10 of the Sex

Offender Management Board Act, and the offense was

committed on or after January 1, 1996: (A) Section 10-1

(kidnapping), (B) Section 10-2 (aggravated kidnapping),

(C) Section 10-3 (unlawful restraint), and (D) Section

10-3.1 (aggravated unlawful restraint); and

(4) Section 10-5(b)(10) (child abduction committed by

luring or attempting to lure a child under the age of 16

into a motor vehicle, building, house trailer, or dwelling

place without the consent of the parent or lawful custodian

of the child for other than a lawful purpose and the

offense was committed on or after January 1, 1998, provided

the offense was sexually motivated as defined in Section 10

of the Sex Offender Management Board Act).

(E-10) As used in this Article, "sexual predator" also

means a person required to register in another State due to a

conviction, adjudication or other action of any court

triggering an obligation to register as a sex offender, sexual

predator, or substantially similar status under the laws of

that State.

(F) As used in this Article, "out-of-state student" means

any sex offender, as defined in this Section, or sexual

predator who is enrolled in Illinois, on a full-time or

part-time basis, in any public or private educational

institution, including, but not limited to, any secondary

school, trade or professional institution, or institution of

higher learning.

(G) As used in this Article, "out-of-state employee" means

any sex offender, as defined in this Section, or sexual

predator who works in Illinois, regardless of whether the

individual receives payment for services performed, for a

period of time of 10 or more days or for an aggregate period of

time of 30 or more days during any calendar year. Persons who

operate motor vehicles in the State accrue one day of

employment time for any portion of a day spent in Illinois.

(H) As used in this Article, "school" means any public or

private educational institution, including, but not limited

to, any elementary or secondary school, trade or professional

institution, or institution of higher education.

(I) As used in this Article, "fixed residence" means any

and all places that a sex offender resides for an aggregate

period of time of 5 or more days in a calendar year.

(J) As used in this Article, "Internet protocol address"

means the string of numbers by which a location on the Internet

is identified by routers or other computers connected to the

Internet.

(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;

96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;

97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13.)